marcus83

Hi,

Could someone help please, ok i have my interview on the 15th of Nov in London for the above visa, these are all the forms i have submitted already: I-130,
I-129, G-325, I-864 & DS230. I know this is going to sound stupid but is it a K3 visa im going for?

Also when im granted this visa will i be able to work out in this US after or will i have to fill out additional forms and if so which ones and can i do this before my interview?

Thanks

rpjs

You're married to an American and you're moving to the US with/to join her, right? In that case the visa you're interviewing for is an Immigrant Visa. The category will be IR-1 or CR-1 depending on whether you've been married for more than two years (IR-1) or less than that (CR-1). The only difference is that with CR-1 category you enter the US as a "conditional" permanent resident and so have to go through one more step (removal of conditions) two years after you enter. The K-3 visa was for back when full immigrant Visas were taking much longer to process than they now do.

When you enter the US on your Immigrant Visa you become a Lawful Permanent Resident (LPR), i.e. a Green Card holder (your actual Green Card comes through the mail a few weeks later. As an LPR you'll have the right to work from day one, but practically you'll need a Social Security Number (SSN) to be hired and certainly to be paid. There's a box on the DS-230 form you can tick to have one issued automatically and again it should come through the mail a few weeks after you arrive.

ian-mstm

Since the I-130 isn't a visa, I'm guessing you mean you're interviewing for an immigrant visa.


I really hope you didn't submit an I-129 - that's for a completely different purpose than what you want. I also hope you didn't submit an I-129F.


It seems you've submitted the paperwork for a K-3 visa... but if you're lucky, they'll toss out the I-129F and process you for either a CR-1 or IR-1 visa. You don't want to pursue a K-3 visa.


You won't be able to work in the US until after you enter the US with your immigrant visa. Being granted the visa isn't sufficient... you must enter the US to be eligible to work. That said, once you enter the US with your immigrant visa (either CR-1 or IR-1), you will be allowed to work from day one. You'll need a Social Security Number to get paid, but that's different from being eligible to work.

Ian

jeffreyhy

No, you have not applied for a K3 visa, you've applied for an immigrant visa. Because you've applied for an immigrant visa you will be authorized to work in the USA as soon as you enter, at which time you will become a Permanent Resident. Regards, JEff

marcus83

Thank you all for the information, another question for you, I have my interview on the 15th of Nov and was thinking to visit my wife during xmas when i give them my passport to put the green card in does anyone know the turn around time in getting this back (passport)?

Also i have to give my work 3 months notice so i wont be able to permanently move to the US until like end of Feb, will they still allow me to visit her on my visa till then like if i go at xmas for say 2 weeks and come back to the UK till my notice has been worked?

Thanks

Noorah101

You won't get a green card in your passport. You'll get an Immigrant Visa.

Turnaround time is usually a week or so.

Do you actually have a B-2 tourist visa? You said "allow me to visit her on my visa", which makes it sound like you have a B-2 visa already. If you meant on the VWP, that's not a visa. Either way, it will be up to the POE officer whether he allows you in as a visitor or asks you to use the Immigrant Visa which will be in your passport at that time.

Rene

ian-mstm

You don't seem to be grasping the concept of what's actually happening, even though you've been told several times.


Anywhere from a few days to a week or two.


Respectfully, if you're moving to the US why would you even care whether or not you give 3 months notice? I mean... seriously!

Ian

jeffreyhy

Rene already answered this one - a green card is not something that gets put in your passport, a green card is a high-tech ID card about the size of a credit card. Whatever visa you have now will be cancelled when the immigrant visa is issued. So when you enter the USA at Christmas you will become a US Permanent Resident which allows you to re-enter the USA thereafter without a visa.

Noorah101

Unless he mistakenly said "visa" when he means VWP, in which case the ESTA approval doesn't get cancelled. If he meant VWP, he might have a chance at still coming over as a visitor, even with an Immigrant Visa in his passport.

Rene

jeffreyhy

True, so many people make that error, but why would he want to come as a visitor rather than as an immigrant? The sooner he becomes a PR the better off he is in all sorts of ways.

Regards, JEff

jeffreyhy

Agreed. Sometimes I just don't understand what makes some people think the way they do!

Unless, perhaps, he's thinking of repatriating in not too many years?

Regards, JEff

Noorah101

The only thing I can think of is that perhaps he has property to sell back home, and does not want the sale of it to affect him as an LPR (tax-wise). Although he only mentioned having to finish out work...not sell property.

Rene

S Folinsky

It is not all that uncommon for the holder of an immigrant visa to enter the United States on the IV and take up immigrant status, only to then turn around and return home to tie up loose ends such as sell the house/business, etc.

The famous Huang abandonment case involved that precise scenario. It was held to be just fine and dandy. The Huang's problem was that Dr. Huang's temporary return to Japan turned out not to be so temporary.